H. Michael Steinberg has over 32 years experience practicing Colorado criminal law. Mr. Steinberg strives to stay current with the ever changing aspects of criminal law issues and updates resulting in his extensive knowledge of successful criminal defense as well as appellate work. He is also an active member of the National Association of Criminal Defense Lawyers, the Colorado Criminal Defense Bar Association, the Colorado Trial Lawyer's Association, and the Colorado and Arapahoe Bar Associations.

Published on:May 16, 2017

New Law – 2017 Judges Must Allow Medical Marijuana Use While On Colorado Bail

New Law – 2017 Judges Must Allow Medical Marijuana Use While On Colorado Bail

A new 2017 law in Colorado will prohibit judges from denying the use of medical marijuana to individuals who post bail in their Colorado criminal cases.

Viewed as a victory by uses of medical marijuana who suffer unnecessarily by a restriction on the use of the drug while a case makes it way through the Colorado criminal justice system, the new law maintains the right to use medical marijuana until a case is fully adjudicated.

However, the status of the use of medical marijuana while on probation remains confused in Colorado – at least in the short term.

The path forward is also uncertain. The election of Donald Trump as President and his Attorney General Jeff Sessions – may impact the use of ALL types of marijuana, medical and recreational, in the very near future. Trump may reverse the progress made by the Obama administration and begin to enforce Federal Laws prohibiting the use of marijuana.

For now – this new law makes great sense. The law shows the kind of compassion that to the users of medical marijuana, especially in light of the fact that those accused of crime are presumed innocent and should not have their rights, and their medical marijuana, taken away.

The New Law:

16-4-105. Conditions of release on bond.

…

(6) (c) Notwithstanding subsection (6)(a) or any other provision of this section, if a person possesses a valid registry identification card, as defined in section 25-1.5-106 (2)(e), that establishes that he or she is a patient who uses medical marijuana, the court shall not require as a condition of any bond that the person abstain from the use of medical marijuana.

Effective Date:

SECTION 2. Act subject to petition – effective date. This act takes effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 9, 2017), if adjournment sine die is on May 10, 2017);